FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of Homeland Security cannot categorically withhold assessments to refer, which are recommendations by an asylum officer as to whether or not to grant an applicant asylum, under Exemption 5 (deliberative process privilege) because the D.C. Circuit's recent opinion in Abtew v. Dept of Homeland Security, 808 F.3d 895 (D.C. Cir. 2015), which involved the same type of records, held that such assessments frequently had factual material that could be segregated and disclosed. Further, Walton noted that the district court judges in both Abtew v. Dept of Homeland Security, 47 F. Supp. 3dd 98 (D.D.C. 2014), and Gosen v. U.S. Citizenship and Immigration Services, 118 F. Supp. 3d 232 (D.D.C.) had conducted an in camera review of the assessments in those cases and concluded they contained some factual portions that could be segregated and disclosed. Several applicants for asylum, represented by Catholic Charities, requested their individual assessment recommendations. After U.S. Citizenship and Immigration Services denied the assessments under Exemption 5, Catholic Charities filed its own FOIA request for records concerning how the agency processed those requests and determined that Exemption 5 applied categorically. The agency told Catholic Charities that it would require an extension of time under the unusual circumstances provision, but had not responded more than a month later when Catholic Charities filed suit. Walton acknowledged that other judges in the district had ruled that assessment to refer recommendations were protected, but observed that in this case the agency "discusses the segregability of the assessments in a categorical fashion, as opposed to providing a description of the assessments prepared in each of the individual plaintiffs' cases. The Court is therefore unable to conduct a de novo assessment of the agency's determination of segregability as to each of the individual plaintiffs' requests." He added that "the defendant's representation that it conducted a 'line-by-line examination' of each of the assessments to determine whether any portions were reasonably segregable is seemingly undermined by what appears to be defendant's blanket policy not to release any portion of an assessment, irrespective of its contents." Walton indicated that "the Court is persuaded by Gosen and Abtew that there may be some portion of the assessments at issue in this case that contain factual information that may reasonably be segregated from the whole. He ordered the agency to provide a revised Vaughn index addressing the issue of segregability for each of the individual plaintiffs' assessment. The agency had responded to Catholic Charities' FOIA request more than six months after it had been received. Catholic Charities requested attorney's fees because the agency had failed to respond within the statutory time limit. The agency argued that once it had informed Catholic Charities that it was invoking an extension under the unusual circumstances provision, it was free to take as much time as necessary to respond. But Walton pointed out that the unusual circumstances provision extended the agency's time limit by ten days and required the agency to provide an estimate of when the request would be finished. Because the agency had done neither, he noted that "the defendant's reliance on the 'unusual circumstances' provision is therefore unavailing." He explained that to justify its failure to respond, the agency was required to ask the court to stay processing because of exceptional circumstances, which the agency had not done. He observed that "the Court is mindful of the significant number of FOIA requests the defendant is required to process, but despite this reality, the defendant cannot simply fail to seek relief from the statutory deadline as provided by the FOIA, and then seek to justify its delay only through arguments made in opposition to the plaintiff's partial summary judgment motion." Nevertheless, Walton rejected Catholic Charities' attorney's fees motion, noting that "the plaintiffs do not address any of [the factors for an attorney's fees award] in their partial summary judgment motion, and, accordingly, the motion must be denied."
Issues: Segregability - Disclosure of all non-exempt records

FOIA Project Annotation: Judge Reggie Walton has ruled that he needs to conduct an in camera review of eight asylum assessment reports to determine if U.S. Citizenship and Immigration Services has disclosed all segregable factual information for the reports. The agency has long maintained that the entire reports were protected by Exemption 5 (deliberative process privilege), but that claim has been winnowed down by rulings in Abtew v. Dept of Homeland Security, 47. F. Supp. 3d 98 (D.D.C.). 2014), aff'd 808 F.3d 895 (D.C. Cir. 2015), Gosen v. U.S. Citizenship and Immigration Services, 118 F. Supp. 3d 232 (D.D.C. 2015), and Bayala v. Dept of Homeland Security, 2017 WL 3841828 (D.D.C. Sept. 1, 2017), where the courts found that introductory paragraphs included in the reports were factual and should be disclosed. After allowing USCIS to provide three supplemental affidavits explaining that it had disclosed biographical information in the eight asylum reports to first-party requesters, Walton concluded that the agency still had not indicated whether or not that information was as extensive as information disclosed in the previous three cases. He observed that the agency's supplemental affidavits "provide little to no information about the type or origin of the factual content in each section, or the length or structure of each section. On the other hand, the plaintiffs have submitted evidence, some of which the defendant relies on in its briefing, suggesting that all assessments follow a 'standard format' and therefore, the assessments at issue here likely contain the same factual paragraphs that the court in Abtew, Gosen, and Bayala determined could be released. In light of this evidence, as well as the decisions in Abtew, Gosen, and Bayala, the defendant must do more to enable the Court to make an independent de novo determination of segregability in this case." He pointed out that "in light of the fact that the defendant has now submitted three additional declarations, all to no ultimate avail, the Court concludes that in camera review is necessary."
Issues: Segregability - Disclosure of all non-exempt records, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Litigation - In camera review

FOIA Project Annotation: In an exhaustive examination of the way in which attorney's fees are calculated, Judge Reggie Walton has ruled that Catholic Charities is entitled to attorney's fees for its litigation against U.S. Citizenship and Immigration Services, that the USAO Matrix is the most reliable method to calculate fees, that Catholic Charities in entitled to fees for litigating the attorney's fees issue, and that Catholic Charities' fee request should be reduced 55 percent to reflect its level of overall success, leaving Catholic Charities with an award of $5,255 in fees and $400 in costs. Catholic Charities filed a multi-part FOIA request with USCIS for records concerning its FOIA policies. Walton found Catholic Charities had clearly succeeded in forcing the agency to disclose its FOIA Processing Guide. Walton first rejected the agency's claims that Catholic Charities was not entitled to fees at all. He then pointed out that, although Catholic Charities' attorney did not normally charge fees for his services, the organization could still be compensated based on the prevailing market rates. Turning to an examination of those rates, Walton found, like several other district court judges in the D.C. Circuit recently, that the updated USAO Matrix represented the best method for calculating fees, rejecting the LSI Laffey Matrix. He recognized that "the rate survey underlying the USAO Matrix is not perfect and is perhaps over-inclusive as Catholic Charities argues; however, the Court finds it difficult to conclude that the rates underlying the LSI Laffey Matrix are superior." He dismissed Catholic Charities' claim that several attorney's fees rulings in recent years favoring plaintiffs had relied on the LSI Laffey Matrix, indicating that those decisions concluded that the litigation was complex, and pointing out that "the litigation for which Catholic Charities seeks fees involved a single FOIA request and one document responsive to that request, [and] did not implicate novel legal issues. . ." Turning to the hours claimed by Catholic Charities, Walton explained that Catholic Charities was claiming eight hours for its FOIA claim and 9.25 hours for its fee claim. He reduced the hours on the FOIA claim to 4.6 hours for lack of success. As to the fee award claim, he observed that "despite finding that Catholic Charities' requested fees on fee hours are reasonable, the Court nonetheless agrees with defendants that Catholic Charities' total fees on fees award should be reduced to account for its limited success on its fees motion." He added that "the proper course is to reduce Catholic Charities' fees on fees award by the same percentage that its underlying fees on the merits were reduced."
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award

FOIA Project Annotation: Judge Reggie Walton has ruled that Catholic Charities may pursue its policy and practice claim against U.S. Citizenship and Immigration Services for failing to segregate factual information from assessment to refer reports prepared by asylum officers after interviews with asylum seekers, but that several asylum applicants who have been represented by Catholic Charities can no longer pursue policy and practice claims because they have now received the factual portions of their assessments. The agency consistently denied that it had a practice of failing to provide segregable factual portions of assessment reports, but Walton agreed with Catholic Charities that USCIS's FOIA guide stated that assessment to refer reports should be withheld entirely under Exemption 5 (privileges). Catholic Charities represented a number of asylum seekers and after USCIS routinely refused to disclose the fact-intensive introductory paragraphs of the assessment reports, it filed suit on their behalf, arguing that the factual materials were not deliberative and that they were not inextricably intertwined with exempt portions. Three other district court judges have ruled that the factual materials were not protected by Exemption 5, starting with Abtew v. Dept of Homeland Security, 47 F. Supp. 3d 98 (D.D.C. 2014), continuing with Gosen v. U.S. Citizenship and Immigration Services, 118 F. Supp. 3d 232 (D.D.C. 2015), and Bayala v. Dept of Homeland Security, 264 F. Supp. 3d 165 (D.D.C. 2017). Walton also ruled that the introductory factual material in assessment reports was not protected in Gatore v. Dept of Homeland Security, 177 F. Supp. 3d 46 (D.D.C. 2016). Addressing the cases of the individuals represented by Catholic Charities, Walton found that the factual materials were not protected and that they were not inextricably intertwined with exempt portions. Entering summary judgment on behalf of the individuals, he ordered the agency to disclose those portions of the assessment reports, noting that "after two rounds of summary judgment briefing and the defendant's submission of four declarations, there is no question that the defendant has had ample opportunity to present its arguments and evidence in support of its position on the individual plaintiffs' requests." The agency argued that Catholic Charities did not have standing to bring a policy and practice claim. Walton disagreed, pointing out that "it would be logical to infer that the defendant's FOIA reviewers do not routinely make segregability determinations of assessments because a blanket policy of never providing any part of an assessment would render such determinations unnecessary." He noted that Catholic Charities had been adversely impacted by the agency's refusal to segregate and disclose factual information and that unlike individual requesters Catholic Charities continued to file multiple FOIA requests for assessment reports. But because the individual requesters represented by Catholic Charities had been asking only for their own assessment reports, Walton found that once the agency properly responded to their requests they were no longer likely to continue making FOIA requests and, thus, did not qualify for inclusion with Catholic Charities policy and practice claims. Allowing Catholic Charities policy and practice claim to go forward, Walton noted that "the evidence of the defendant's alleged policy or practice of not providing any part of an assessment to FOIA requesters constitutes circumstantial evidence of the defendant's alleged policy or practice of not even attempting to determine if there are reasonably segregable portions of assessments."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Segregability - Disclosure of all non-exempt records

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2015. Answer due for ALL FEDERAL DEFENDANTS by 4/30/2015. (Cleveland, David) (Entered: 03/31/2015)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/6/2015 (Cleveland, David) (Entered: 04/09/2015)

2015-04-27

11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/27/2015. (Cleveland, David) (Entered: 04/27/2015)

2015-05-01

12

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/01/2015)

2015-05-04

MINUTE ORDER granting 12 Defendant's Consent Motion for Extension of Time. For good cause shown and in light of the parties' consent, it is hereby ORDERED that the Defendant's Consent Motion for Extension of Time is GRANTED and the defendant shall answer or otherwise respond to the plaintiffs' complaint on or before June 1, 2015. Signed by Judge Reggie B. Walton on 5/4/2015. (lcrbw3, ) (Entered: 05/04/2015)

MINUTE ORDER granting 13 Motion for Extension of Time to Answer. For good cause shown, it is hereby ORDERED that the defendant's motion for extension of time to answer the complaint is GRANTED and the defendant shall answer or otherwise respond to the plaintiffs' complaint on or before June 22, 2015. Signed by Judge Reggie B. Walton on 6/2/2015. (lcrbw3, ) (Entered: 06/02/2015)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/02/2015)

2015-07-07

MINUTE ORDER granting 19 Defendant's Motion for Extension of Time. For good cause shown, and because the plaintiff has not yet opposed the defendant's motion, it is hereby ORDERED that the Defendant's Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the Plaintiff's Motion to Certify Class on or before July 17, 2015. Signed by Judge Reggie B. Walton on 7/7/2015. (lcrbw3, ) (Entered: 07/07/2015)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/17/2015)

2015-07-23

MINUTE ORDER granting nunc pro tunc 20 Defendant's Motion for Extension of Time. For good cause shown, and because the plaintiff has not yet opposed the defendant's motion, it is hereby ORDERED that the Defendant's Motion for Extension of Time is GRANTED nunc pro tunc and all filings are deemed timely. It is further ORDERED that the defendant shall respond to the Plaintiff's Motion to Certify Class on or before July 27, 2015. Signed by Judge Reggie B. Walton on 7/23/2015. (lcrbw3, ) (Entered: 07/23/2015)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/27/2015)

2015-07-28

MINUTE ORDER granting 21 Defendant's Motion for Extension of Time. For good cause shown, and because the plaintiff has not yet opposed the defendant's motion, it is hereby ORDERED that the Defendant's Motion for Extension of Time is GRANTED nunc pro tunc and all filings are deemed timely. It is further ORDERED that the defendant shall respond to the Plaintiff's Motion to Certify Class on or before July 28, 2015. The defendant is, however, cautioned that this is the final extension that will be granted absent extraordinary circumstances. Signed by Judge Reggie B. Walton on 7/28/2015. (lcrbw3, ) (Entered: 07/28/2015)

2015-07-28

Set/Reset Deadline: The defendant shall respond to the Plaintiff's Motion to Certify Class on or before 7/28/2015. (ad) (Entered: 07/28/2015)

MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by RICA GATORE (Attachments: # 1 Text of Proposed Order)(Cleveland, David) (Entered: 08/07/2015)

2015-08-07

MINUTE ORDER granting 27 Plaintiffs' Motion for Extension of Time. For good cause shown, and in light of the number of extensions granted to the defendant, it is herby ORDERED that the Plaintiffs' Motion for Extension of Time is GRANTED and the plaintiff shall file their response to the defendant's motion for summary judgment on or before September 11, 2015. Signed by Judge Reggie B. Walton on 8/7/2015. (lcrbw3, ) (Entered: 08/07/2015)

MINUTE ORDER granting 28 Motion to Withdraw. In light of the plaintiffs' representations in the Plaintiffs' Motion To Withdraw Their Own Motion, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the 24 Plaintiffs' Motion to Strike is itself stricken from the record and shall be disregarded by the Court. Signed by Judge Reggie B. Walton on 10/29/2016. (lcrbw3) (Entered: 10/29/2015)

MINUTE ORDER. In light of the defendant's failure to timely oppose the 30 Plaintiffs' Motion for Leave To File Supplemental Memorandum in Support of Their Motion for Summary Judgment as to the Ninth Cause of Action, and the 31 Plaintiffs' Motion for Leave To File Supplemental Memorandum in Support of Their Motion for Class Certification, it is hereby ORDERED that the plaintiffs' motions for leave to file are deemed conceded by the defendant and are therefore GRANTED. It is further ORDERED that the Plaintiffs' Supplemental Memorandum in Support of Plaintiffs' Motion for Summary Judgment as to Ninth Cause of Action, ECF No. 30-2, and the Plaintiffs' Supplemental Memorandum in Support of Their Motion for Class Certification, ECF No. 31-2, are deemed filed as of this date. It is further ORDERED the defendant shall file its opposition, if any, to the arguments raised in the plaintiffs' supplemental memoranda on or before February 19, 2016. It is further ORDERED that the plaintiffs shall file any reply in response to any opposition filed by the defendant on or before February 26, 2016. Signed by Judge Reggie B. Walton on 2/1/2016. (lcrbw3) (Entered: 02/01/2016)

2016-02-01

Set/Reset Deadlines: The defendant shall file its opposition, if any, to the arguments raised in the plaintiffs' supplemental memoranda on or before 2/19/2016; the plaintiffs shall file any reply in response to any opposition filed by the defendant on or before 2/26/2016. (ad) (Entered: 02/01/2016)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/18/2016)

2016-02-19

MINUTE ORDER granting 34 Motion for Extension of Time. For good cause shown, and over the plaintiffs' objection, the defendant's motion to extend its time to respond to the plaintiffs' supplemental briefs in support of their motion for summary judgment and motion for class certification is GRANTED. It is further ORDERED that the defendant shall file an opposition to the supplemental briefs on or before March 11, 2016. It is further ORDERED that the plaintiffs shall file their reply, if any, on or before March 18, 2016. Signed by Judge Reggie B. Walton on 2/19/2016. (lcrbw3) (Entered: 02/19/2016)

2016-02-19

Set/Reset Deadlines: The defendant shall file an opposition to the supplemental briefs on or before 3/11/2016; the plaintiffs shall file their reply, if any, on or before 3/18/2016. (ad) (Entered: 02/19/2016)

2016-03-11

35

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/11/2016)

2016-03-14

MINUTE ORDER. For good cause shown, it is hereby ORDERED that the 35 Defendant's' Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before March 18, 2016. It is further ORDERED that the plaintiffs reply, if any, shall be filed on or before March 25, 2016. Signed by Judge Reggie B. Walton on 3/14/2016. (lcrbw3) (Entered: 03/14/2016)

2016-03-14

Set/Reset Deadlines: The defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before 3/18/2016; The plaintiffs reply, if any, shall be filed on or before 3/25/2016. (ad) (Entered: 03/14/2016)

2016-03-18

36

Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/18/2016)

2016-03-20

MINUTE ORDER granting 36 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the plaintiffs' consent, it is hereby ORDERED that the 36 Defendant's Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before March 21, 2016. It is further ORDERED that the plaintiffs' reply, if any, shall be filed on or before March 28, 2016. Signed by Judge Reggie B. Walton on 3/20/2016. (lcrbw3) (Entered: 03/20/2016)

2016-03-21

Set/Reset Deadlines: The defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before 3/21/2016; the plaintiffs' reply, if any, shall be filed on or before 3/28/2016. (ad) (Entered: 03/21/2016)

2016-03-21

Set/Reset Deadlines: The defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before 3/21/2016; The plaintiffs' reply, if any, shall be filed on or before 3/28/2016. (ad) (Entered: 03/21/2016)

ORDER; In accordance with the Memorandum Opinion, it is hereby ORDERED that the Plaintiffs' Motion for Summary Judgment as to Ninth Cause of Action, ECF No. 17, is DENIED. It is further ORDERED that the Defendants' Motion for Summary Judgment, ECF No. 22, is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Plaintiffs' Motion for Class Certification, ECF No. 15, is HELD IN ABEYANCE pending the defendant's compliance with this Order and the resolution of any renewed summary judgment motions. It is further ORDERED that the defendant shall file a revised Vaughn index, declaration, or affidavit consistent with the Memorandum Opinion to be issued by the Court, on or before May 6, 2016. It is further ORDERED that the parties shall file a joint status report on or before May 20, 2016, to address how the parties wish to proceed in this case. Signed by Judge Reggie B. Walton on 4/6/2016. (lcrbw3) Modified on 4/6/2016 (hs). (Entered: 04/06/2016)

MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/05/2016)

2016-05-05

MINUTE ORDER granting 42 Motion for Extension of Time. Upon consideration of the Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant shall file its revised Vaughn index on or before May 18, 2016. Signed by Judge Reggie B. Walton on 5/5/2016. (lcrbw3) (Entered: 05/05/2016)

MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/18/2016)

2016-05-18

MINUTE ORDER granting 43 Motion for Extension of Time. Upon consideration of the Defendant's Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant's revised Vaughn index shall be filed on or before May 27, 2016. Signed by Judge Reggie B. Walton on 5/18/2016. (lcrbw3) (Entered: 05/18/2016)

MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/02/2016)

2016-09-02

MINUTE ORDER granting 49 Motion for Extension of Time. Upon consideration of the Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' motion to compel shall be filed on or before September 9, 2016. Signed by Judge Reggie B. Walton on 9/2/2016. (lcrbw3) (Entered: 09/02/2016)

MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/08/2016)

2016-09-09

MINUTE ORDER. Upon consideration of the Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' motion to compel shall be filed on or before September 19, 2016. Signed by Judge Reggie B. Walton on 9/9/2016. (lcrbw3) (Entered: 09/09/2016)

MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/19/2016)

2016-09-28

52

MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/28/2016)

2016-09-29

MINUTE ORDER. Upon consideration of the 52 Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' motion to compel shall be filed on or before October 5, 2016. It is further ORDERED that the 51 Defendant's Motion for Extension of Time filed on September 19, 2016, is DENIED AS MOOT. Counsel for the defendant is cautioned that no further extensions of time shall be granted absent extraordinary circumstances. Signed by Judge Reggie B. Walton on 9/29/2016. (lcrbw3) (Entered: 09/29/2016)

ORDER. For the reasons set forth in the attached Order, it is hereby ORDERED that Plaintiff Catholic Charities' Renewed Motion for Summary Judgment as to Ninth Cause of Action is GRANTED IN PART AND HELD IN ABEYANCE IN PART, due to the Court's decision to permit the defendant to submit a response to the amount of attorney's fees and costs requested. It is further ORDERED that the defendant shall provide to Catholic Charities a copy of the FOIA Processing Guide on or before February 14, 2017. It is further ORDERED that the defendant shall show cause, in writing not to exceed ten (10) pages, why the Court should not award the amount of attorney's fees and costs requested by Catholic Charities, on or before February 17, 2017. It is further ORDERED that Catholic Charities may file a reply to the defendant's response to this Court's show cause order, not to exceed five (5) pages, on or before February 24, 2017. It is further ORDERED that Plaintiff Catholic Charities' Motion to Compel Production of Documents is DENIED AS MOOT. Signed by Judge Reggie B. Walton on 2/3/2017. (lcrbw3) (Entered: 02/03/2017)

Set/Reset Deadlines: Defendant's Response to Show Cause Order due by 2/17/2017. Reply to Show Cause Response due by 2/24/2017. (hs) (Entered: 02/03/2017)

2017-02-07

MINUTE ORDER granting 57 Motion for Leave to File. For the reasons stated in the plaintiffs' motion to amend the complaint, and in light of the defendant's statement of non-opposition, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs shall docket their amended complaint on or before February 10, 2017. Signed by Judge Reggie B. Walton on 2/7/2017. (lcrbw3) (Entered: 02/07/2017)

ORDER granting 55 Motion for Leave to File. Upon consideration of the Plaintiffs' Motion for Leave to File Supplemental Memorandum in Support of Their Motion for Class Certification, and in light of the defendant's failure to state any opposition to the motion, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs shall separately file their supplemental memorandum to the docket on or before February 10, 2017. Signed by Judge Reggie B. Walton on 2/8/2017. (lcrbw3) (Entered: 02/08/2017)

Consent MOTION for Extension of Time to File Answer re 60 Amended Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Haas, Alexander) (Entered: 02/14/2017)

2017-02-14

63

MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Haas, Alexander). Added MOTION to Stay, MOTION to Modify on 2/15/2017 (td). (Entered: 02/14/2017)

2017-02-15

64

Memorandum in opposition to re 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 02/15/2017)

2017-02-16

MINUTE ORDER. Upon consideration of the defendant's 62 Motion for Extension of Time to Answer, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's answer to the plaintiffs' amended complaint shall be filed on or before March 24, 2017. Signed by Judge Reggie B. Walton on 2/16/2017. (lcrbw3) (Entered: 02/16/2017)

2017-02-16

Set/Reset Deadlines: Answer to the amended complaint due by 3/24/2017, (hs) (Entered: 02/16/2017)

2017-02-16

65

ERRATA Notice & Replacement Filing by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, MOTION to Stay MOTION to Modify filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Errata)(Haas, Alexander) (Entered: 02/16/2017)

2017-02-17

66

Memorandum in opposition to re 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, MOTION to Stay MOTION to Modify filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 02/17/2017)

2017-02-17

67

MOTION for Extension of Time to File Response to Order to Show Cause by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Haas, Alexander) (Entered: 02/17/2017)

2017-02-18

68

Memorandum in opposition to re 67 MOTION for Extension of Time to File Response to Order to Show Cause filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 02/18/2017)

2017-02-21

69

REPLY to opposition to motion re 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, MOTION to Stay MOTION to Modify filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Haas, Alexander) (Entered: 02/21/2017)

2017-02-22

MINUTE ORDER. Upon consideration of the 67 Defendant's Motion to Extend Time to Respond to the Court's Order to Show Cause Regarding Attorney's Fees, and over the plaintiffs' objection, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall have fourteen (14) days following the Court's decision on the defendant's pending motion for consideration within which to respond to the Court's Order to Show Cause. Signed by Judge Reggie B. Walton on 2/22/2017. (lcrbw3) (Entered: 02/22/2017)

MINUTE ORDER. Upon consideration of the defendant's 74 Motion for a Summary Judgment Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's renewed motion for summary judgment shall be filed on or before May 26, 2017; the plaintiffs' opposition to the defendant's motion shall be filed on June 9, 2017, and the defendant's reply in support of its motion shall be filed on or before June 23, 2017. Signed by Judge Reggie B. Walton on 4/26/2017. (lcrbw3) (Entered: 04/26/2017)

2017-04-27

Set/Reset Deadlines: Renewed Summary Judgment motion due by 5/26/2017. Response to Motion for Summary Judgment due by 6/9/2017. Reply to Motion for Summary Judgment due by 6/23/2017. (hs) (Entered: 04/27/2017)

2017-05-25

75

Consent MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/25/2017)

2017-05-25

MINUTE ORDER. Upon consideration of the Defendant's Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's renewed motion shall be filed on or before June 2, 2017; the plaintiffs' opposition shall be filed on or before June 16, 2017; and the defendant's reply shall be filed on or before June 30, 2017. Signed by Judge Reggie B. Walton on 5/25/2017. (lcrbw3) (Entered: 05/25/2017)

2017-05-26

Set/Reset Deadlines: Summary Judgment motions due by 6/2/2017. Response to Motion for Summary Judgment due by 6/16/2017. Reply to Motion for Summary Judgment due by 6/30/2017. (hs) (Entered: 05/26/2017)

2017-06-01

76

Consent MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/01/2017)

2017-06-02

MINUTE ORDER granting 76 Motion for Extension of Time. Upon consideration of the Defendant's Second Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's renewed motion for summary judgment shall be filed on or before June 9, 2017; the plaintiffs' opposition shall be filed on or before June 23, 2017; and the defendant's reply in support of its motion shall be filed on or before July 7, 2017. Signed by Judge Reggie B. Walton on 6/2/2017. (lcrbw3) (Entered: 06/02/2017)

2017-06-05

Set/Reset Deadlines: Renewed Summary Judgment motion due by 6/9/2017. Response to Motion for Summary Judgment due by 6/23/2017. Reply to Motion for Summary Judgment due by 7/7/2017. (hs) (Entered: 06/05/2017)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the Defendant's Motion to Reconsider & Stay, or Alternatively, to Modify the February 3, 2017, Order is GRANTED IN PART AND DENIED IN PART. The motion for a stay is GRANTED, nunc pro tunc to February 14, 2017. The motion for reconsideration and to modify the Court's February 3, 2017 Order is DENIED. It is further ORDERED that the defendant shall provide to Catholic Charities a complete copy of the FOIA Processing Guide on or before July 7, 2017. It is further ORDERED that the defendant shall show cause, in writing not to exceed ten (10) pages, on or before July 14, 2017, why the Court should not award the amount of attorney's fees and costs requested by Catholic Charities. It is further ORDERED that Catholic Charities may file a reply to the defendant's response to this Court's show cause order, not to exceed ten (10) pages, on or before July 21, 2017. Signed by Judge Reggie B. Walton on 6/27/2017. (lcrbw3) (Entered: 06/27/2017)

2017-06-27

Set/Reset Deadlines: Defendant's Response to Show Cause Order due by 7/14/2017. Reply to Show Cause Response due by 7/21/2017. (hs) (Entered: 06/27/2017)

2017-06-30

80

MOTION for Extension of Time to Comply with the Court's June 27, 2017, Order and to File a Reply in Support of Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/30/2017)

2017-07-01

81

Memorandum in opposition to re 80 MOTION for Extension of Time to Comply with the Court's June 27, 2017, Order and to File a Reply in Support of Defendant's Motion for Summary Judgment filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 07/01/2017)

2017-07-06

MINUTE ORDER. Upon consideration of the 80 Defendant's Motion for Extensions of Time, and in light of government counsels' absences over the upcoming weeks, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall release the FOIA Processing Guide on or before July 21, 2017. It is further ORDERED that the defendant's response to the Court's order to show cause regarding attorney's fees shall be filed on or before July 28, 2017. It is further ORDERED that the defendant's reply in support of its motion for summary judgment shall also be filed on or before July 28, 2017. Government counsel is cautioned that no further extensions of time shall be granted absent a showing of extraordinary circumstances. Signed by Judge Reggie B. Walton on 7/6/2017. (lcrbw3) (Entered: 07/06/2017)

2017-07-06

Set/Reset Deadlines: Defendant's Response to Show Cause Order due by 7/28/2017. Defendant's Reply in support of its Motion for Summary Judgment due by 7/28/2017. (hs) (Entered: 07/06/2017)

2017-07-28

82

REPLY to opposition to motion re 77 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 07/28/2017)

2017-07-28

83

MOTION to Continue the Briefing Schedule on Fees by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/28/2017)

REPLY to opposition to motion re 83 MOTION to Continue the Briefing Schedule on Fees filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 07/31/2017)

2017-07-31

MINUTE ORDER. In order to address the parties' dispute regarding briefing on plaintiff Catholic Charities' request for attorney's fees, it is hereby ORDERED that the parties SHALL APPEAR for a motion hearing on August 2, 2017, at 2:45 p.m. in Courtroom 16. Signed by Judge Reggie B. Walton on 7/31/2017. (lcrbw3) (Entered: 07/31/2017)

MINUTE ORDER. In accordance with the Court's oral rulings at the hearing held on this date, it is hereby ORDERED that the defendant's response to the Court's order to show cause regarding attorney's fees shall be filed on or before August 16, 2017. It is further ORDERED that Catholic Charities shall file its reply, if any, on or before August 23, 2017. It is further ORDERED that the parties shall appear for a status conference on September 25, 2017, at 11:00 a.m. The Court will notify the parties in advance if the need arises to convert the status conference into an evidentiary hearing. The parties are cautioned that no further extensions of time will be granted. Signed by Judge Reggie B. Walton on 8/2/2017. (lcrbw3) (Entered: 08/02/2017)

2017-08-02

Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 8/2/2017. Oral order granting 83 MOTION to Continue the Briefing Schedule on Fees. Response to Show Cause due by 8/16/2017. Reply to Show Cause due by 8/23/2017. Status Conference set for 9/25/2017 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (gdf) (Entered: 08/02/2017)

MINUTE ORDER. Upon consideration of the 89 Consent Motion for Leave to File Supplement to ECF No. 78-2, and in light of the defendant's consent, it is hereby ORDERED that the motion is GRANTED nunc pro tunc to August 3, 2017. Signed by Judge Reggie B. Walton on 8/28/2017. (lcrbw3) (Entered: 08/28/2017)

2017-08-28

MINUTE ORDER. Upon consideration of the 90 Consent Motion for Leave to Exceed Page Limits, and in light of the defendant's consent, it is hereby ORDERED that the motion is GRANTED nunc pro tunc to August 23, 2017. Signed by Judge Reggie B. Walton on 8/28/2017. (lcrbw3) (Entered: 08/28/2017)

MINUTE ORDER. In light of the pending request for attorney's fees and motion for summary judgment, which are still under consideration by the Court, it is hereby ORDERED that the status conference currently scheduled for September 25, 2017, is CONTINUED to January 8, 2018, at 11:00 a.m. Signed by Judge Reggie B. Walton on September 19, 2017. (lcrbw3) (Entered: 09/19/2017)

MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference in this case currently scheduled for January 8, 2018, shall be CONTINUED to January 30, 2018, at 2 p.m. Signed by Judge Reggie B. Walton on October 16, 2017. (lcrbw3) (Entered: 10/16/2017)

ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that Catholic Charities' request for attorney's fees and costs as set forth in Catholic Charities' Renewed Motion for Summary Judgment as to Ninth Cause of Action, ECF No. 46, is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that the defendant shall pay forthwith to Catholic Charities attorney's fees in the amount of $5,255.78 and costs in the amount of $400, for a total award of $5,655.78. See Memorandum Opinion, Attachment 1 (Fee Calculations). Signed by Judge Reggie B. Walton on December 21, 2017. (lcrbw3) (Entered: 12/21/2017)

ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before January 12, 2018, the defendant shall submit for in camera review unredacted copies of each of the individual plaintiffs' assessments to refer at issue in this case. Signed by Judge Reggie B. Walton on January 4, 2018. (lcrbw3) (Entered: 01/04/2018)

NOTICE of In Camera Submission by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 95 Order, (Walker, Johnny) (Entered: 01/10/2018)

2018-01-11

MINUTE ORDER. It appearing unnecessary for the Court to hold a status conference in light of the defendant's pending motion for summary judgment, it is hereby ORDERED that the status conference currently scheduled for January 30, 2018, is CONTINUED to April 11, 2018, at 2:00 p.m. Signed by Judge Reggie B. Walton on January 11, 2018. (lcrbw3) (Entered: 01/11/2018)

ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before March 14, 2018, the defendant shall file on the docket in this case a complete copy of its FOIA Processing Guide. Signed by Judge Reggie B. Walton on March 9, 2018. (lcrbw3) (Entered: 03/09/2018)

NOTICE of Filing in Response to the Court's March 9, 2018, Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 100 Order, (Attachments: # 1 FOIA Processing Guide)(Walker, Johnny) (Entered: 03/13/2018)

MINUTE ORDER. It appearing unnecessary for the Court to hold a status conference in light of the defendant's pending motion for summary judgment, it is hereby ORDERED that the status conference currently scheduled for April 11, 2018, is CONTINUED to June 22, 2018, at 2:00 p.m. Signed by Judge Reggie B. Walton on April 9, 2018. (lcrbw3) (Entered: 04/09/2018)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the Plaintiffs' Objections to Recently-Filed "Complete" FOIA Processing Guide, ECF No. 102, are DENIED. Signed by Judge Reggie B. Walton on May 23, 2018. (lcrbw3) (Entered: 05/23/2018)

2018-06-15

AMENDED MINUTE ORDER. It appearing unnecessary for the Court to hold a status conference in light of the defendant's pending motion for summary judgment, it is hereby ORDERED that the status conference currently scheduled for June 22, 2018, is CONTINUED to July 31, 2018, at 11:00 a.m. Signed by Judge Reggie B. Walton on June 15, 2018.(lcrbw3) Modified to change July 21, 2018 to July 31,2018 on 6/15/2018 (hs). (Entered: 06/15/2018)

MINUTE ORDER. The Court requiring additional time to finalize its forthcoming opinion resolving the defendant's motion for summary judgment, it is hereby ORDERED that the status conference currently scheduled for July 31, 2018, is CONTINUED to September 4, 2018, at 2:00 p.m. Signed by Judge Reggie B. Walton on July 25, 2018. (lcrbw3) (Entered: 07/25/2018)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the Defendant's Renewed Motion for Summary Judgment, ECF No. 77, is DENIED. It is further ORDERED that the Plaintiffs' Motion for Class Certification, ECF No. 15, is DENIED. It is further ORDERED that summary judgment is entered sua sponte for the individual plaintiffs on their claims in the first through seventh and tenth causes of action regarding their requests for the reasonably segregable portions of their assessments. It is further ORDERED that the defendant shall disclose to plaintiff Rica Gatore the first six paragraphs of her assessment. It is further ORDERED that the defendant shall disclose to plaintiff Isam Al Timemy the first five paragraphs of his assessment. It is further ORDERED that the defendant shall disclose to plaintiff Georgine Lumonika the first eight paragraphs of her assessment. It is further ORDERED that the defendant shall disclose to plaintiff Innocent Kabano Shyaka the first five paragraphs of his assessment. It is further ORDERED that the defendant shall disclose to plaintiff Charly Minth Ayessa the first four paragraphs of his assessment. It is further ORDERED that the defendant shall disclose to plaintiff Aminata Ouedraogo the first eight paragraphs of her assessment. It is further ORDERED that the defendant shall disclose to plaintiff Herve Shyaka the first ten paragraphs of his assessment. It is further ORDERED that the defendant shall disclose to plaintiff Veronica Carolina Lemus Miranda the first ten paragraphs of her assessment. Signed by Judge Reggie B. Walton on August 24, 2018. (lcrbw3) (Entered: 08/24/2018)

MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference in this case currently scheduled for September 4, 2018, at 2 p.m. shall be CONTINUED to September 13, 2018, at 2 p.m. Signed by Judge Reggie B. Walton on August 29, 2018. (lcrbw3) (Entered: 08/29/2018)

MINUTE ORDER. Upon consideration of the 114 Defendant's Consent Motion To Hold Pending Motions in Abeyance, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff Catholic Charities' Motion for Summary Judgment as to Eighth Cause of Action, ECF No. 111, Catholic Charities' Motion for Class Certification, ECF No. 112, and the Individual Plaintiffs' Motion for Class Certification Under Civil Rule 23(b)(3), are HELD IN ABEYANCE pending further Order of this Court. Signed by Judge Reggie B. Walton on September 12, 2018. (lcrbw3) (Entered: 09/12/2018)

2018-09-13

Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/13/2018. Pending Motions STAYED until further order of the Court. (Court Reporter Cathryn Jones) (hs) (Entered: 09/13/2018)

MOTION for Extension of Time to Respond to Plaintiff Rica Gatore's Motion to Amend and for a Scheduling Order on Plaintiffs' Other Pending Motions by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny). Added MOTION for Scheduling Order on 10/19/2018 (znmw). (Entered: 10/17/2018)

2018-10-17

MINUTE ORDER. The Court requiring additional information from the parties to resolve the defendant's 117 Motion for an Extension of Time and for a Scheduling Order, it is hereby ORDERED that the parties shall appear for a status conference on Thursday, October 25, 2018, at 11:30 a.m. Signed by Judge Reggie B. Walton on October 17, 2018. (lcrbw3) (Entered: 10/17/2018)

MINUTE ORDER. Upon consideration of the defendant's 118 Consent Motion to Continue Status Conference, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for October 25, 2018, is CONTINUED to November 1, 2018, at 2 p.m. Signed by Judge Reggie B. Walton on October 22, 2018. (lcrbw3) (Entered: 10/22/2018)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendant's Motion for an Extension of Time and for a Scheduling Order, ECF No. 117, is GRANTED. It is further ORDERED that on or before December 17, 2018, the defendant shall file its oppositions to (1) Plaintiff Catholic Charities' Motion for Summary Judgment as to Eighth Cause of Action, ECF No. 111; (2) Catholic Charities' Motion for Class Certification, ECF No. 112; (3) the Individual Plaintiffs' Motion for Class Certification Under Civil Rule 23(b)(3), ECF No. 113; and (4) the Plaintiffs' Motion for Leave To Add 57 Plaintiffs to the Complaint, and To File that Amended Complaint, ECF No. 115. It is further ORDERED that on or before January 3, 2019, the plaintiffs shall file any replies to the defendant's oppositions. It is further ORDERED that the parties shall appear for a status conference on Friday, April 12, 2019, at 9:30 a.m. Signed by Judge Reggie B. Walton on November 1, 2018. (lcrbw3) (Entered: 11/01/2018)

MOTION for Extension of Time to File Response/Reply as to 113 Second MOTION to Certify Class , 115 MOTION for Leave to File to add 57 plaintiffs , 111 MOTION for Summary Judgment as to Eighth Cause of Action , 112 MOTION to Certify Class by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 12/14/2018)

2018-12-17

MINUTE ORDER. Upon consideration of the 121 Defendant's Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before December 21, 2018, the defendant shall file its oppositions to (1) Plaintiff Catholic Charities' Motion for Summary Judgment as to Eighth Cause of Action, ECF No. 111; (2) Catholic Charities' Motion for Class Certification, ECF No. 112; (3) the Individual Plaintiffs' Motion for Class Certification Under Civil Rule 23(b)(3), ECF No. 113; and (4) the Plaintiffs' Motion for Leave To Add 57 Plaintiffs to the Complaint, and To File that Amended Complaint, ECF No. 115. It is further ORDERED that, on or before January 7, 2019, the plaintiffs shall file any replies to the defendant's oppositions. Signed by Judge Reggie B. Walton on December 17, 2018. (lcrbw3) (Entered: 12/17/2018)

2018-12-17

Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/21/2018. Reply to Motion for Summary Judgment due by 1/7/2019. (hs) (Entered: 12/17/2018)

2018-12-21

122

MOTION for Extension of Time to File Response/Reply as to 113 Second MOTION to Certify Class , 115 MOTION for Leave to File to add 57 plaintiffs , 111 MOTION for Summary Judgment as to Eighth Cause of Action , 112 MOTION to Certify Class by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 12/21/2018)

2018-12-21

MINUTE ORDER. Upon consideration of the 122 Defendant's Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before December 28, 2018, the defendant shall file its oppositions to (1) Plaintiff Catholic Charities' Motion for Summary Judgment as to Eighth Cause of Action, ECF No. 111; (2) Catholic Charities' Motion for Class Certification, ECF No. 112; (3) the Individual Plaintiffs' Motion for Class Certification Under Civil Rule 23(b)(3), ECF No. 113; and (4) the Plaintiffs' Motion for Leave To Add 57 Plaintiffs to the Complaint, and To File that Amended Complaint, ECF No. 115. It is further ORDERED that, on or before January 10, 2019, the plaintiffs shall file any replies to the defendant's oppositions. Signed by Judge Reggie B. Walton on December 21, 2018. (lcrbw3) (Entered: 12/21/2018)

2018-12-21

Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 12/28/2018. Defendant's Reply to response for Motion for Summary Judgment due by 1/10/2019. (hs) (Entered: 12/21/2018)

2018-12-27

123

MOTION to Stay Proceedings in Light of a Lapse of Appropriations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 12/27/2018)

2019-01-02

MINUTE ORDER. Upon consideration of the defendant's 123 Motion for a Stay of Proceedings in Light of a Lapse of Appropriations, and for good cause shown, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the government seeks to vacate the impending deadlines in this case. The motion is DENIED in all other respects. It is further ORDERED that the impending deadlines in this case are VACATED pending further Order of the Court. It is further ORDERED that, on or before January 28, 2019, the parties shall file a joint status report regarding how this case shall proceed. Signed by Judge Reggie B. Walton on January 2, 2019. (lcrbw3) (Entered: 01/02/2019)

MINUTE ORDER. Upon consideration of the parties' 124 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 8, 2019, the defendant shall file its oppositions to (1) Plaintiff Catholic Charities' Motion for Summary Judgment as to Eighth Cause of Action, ECF No. 111; (2) Catholic Charities' Motion for Class Certification, ECF No. 112; (3) the Individual Plaintiffs' Motion for Class Certification Under Civil Rule 23(b)(3), ECF No. 113; and (4) the Plaintiffs' Motion for Leave To Add 57 Plaintiffs to the Complaint, and To File that Amended Complaint, ECF No. 115. It is further ORDERED that, on or before February 15, 2019, the plaintiffs shall file any replies to the defendant's oppositions. Signed by Judge Reggie B. Walton on January 30, 2019. (lcrbw3) (Entered: 01/30/2019)

MINUTE ORDER. It appearing unnecessary for the Court to hold a status conference in light of the parties' pending motions, it is hereby ORDERED that the status conference currently scheduled for April 12, 2019, is CONTINUED to July 30, 2019, at 10:00 a.m. Signed by Judge Reggie B. Walton on April 4, 2019. (lcrbw3) (Entered: 04/04/2019)